Smith v. Wainwright

Robert Lee Smith brings this petition for habeas corpus seeking a delayed appeal pursuant to Hollingshead v. Wainwright, 194 So.2d 577 (Fla.1967). Petitioner alleges that he asked his appointed attorney to take an appeal after his conviction of first degree murder on September 7,1958, but that no appeal was taken.

Petitioner further contends that he filed a motion to vacate alleging denial of the right to a direct appeal in 1966 which was denied and not appealed but does not allege any justification for waiting until the present for filing this petition. We see some justification for further…